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How long a divorce takes varies from case to case. If it is a divorce by agreement, after the appointment is made at the Civil Affairs Bureau, the license is complete, and it will be completed in less than half a day.
In the case of a litigious divorce or a divorce negotiated first and then litigated, the timing is difficult to determine.
Generally speaking, if you fail to negotiate with the other party, and then find a lawyer to negotiate with the other party, the lawyer will arrange the time for about two weeks. During this time, if there is no progress in the negotiations, the lawyer will file the case through the court.
Domestic divorce cases are generally concluded within 3 months with summary procedures. If one of the parties in the first instance is very resolutely opposed to the divorce, the court mediation fails, and the judgment will generally be made in a short time.
If it is a foreign-related marriage, or the subject matter is relatively large, or the case is relatively complex, the court may adopt ordinary procedures for trial, and the trial time limit is 6 months.
Of course, if the court of first instance does not decide to leave, and the lawsuit is filed after 6 months, the time will have to be recalculated. In this case, the evaluation time and identification time are not included.
Legal basis] Article 149 of the Civil Procedure Law of the People's Republic of China.
People's courts applying the ordinary procedures shall conclude trial within 6 months of the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.
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How long does divorce proceedings generally take?
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Legal analysis: more than 30 days. It depends on whether one party files for divorce or both parties divorce voluntarily.
If both parties voluntarily divorce, the marriage registration authority shall apply for the issuance of a divorce certificate within 60 days from the date of receipt of the application for divorce registration, and the marriage relationship shall be dissolved. If the husband files for divorce, he may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, i.e., he cannot be supported. There is no limit on the woman filing for divorce, but it is generally more than 30 days.
Legal basis: 1. Article 1077 of the Civil Code of the People's Republic of China Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
2. Article 1082 of the Civil Code of the People's Republic of China: The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.
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The time it generally takes for a divorce is:
1. If both parties agree to divorce, it generally takes about a month;
2. If both parties sue for divorce, it generally takes three to six months. The time limit for trial is six months for cases tried by the people's courts applying the ordinary procedures, and three months for cases tried by the simplified procedures.
Civil Code of the People's Republic of China
Article 1077.
Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the time limit provided for in the preceding paragraph, both parties shall apply for a divorce certificate in person at the marriage registration authority;
If the application is not filed, it will be deemed that the application for divorce registration has been withdrawn.
Civil Procedure Law of the People's Republic of China
Article 149.
Cases tried by the people's law faction and the procuratorate applying the ordinary procedures shall be completed within 6 months of the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court;
and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.
Civil Procedure Law of the People's Republic of China
Article 161.
People's courts applying the simplified procedures to try cases shall complete trial within 3 months of filing the case.
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There are two ways to get divorced. First, if both parties reach an agreement, they can negotiate a divorce at the Civil Affairs Bureau. This is very fast, and the documents required for the preparation of the divorce can be completed in ten minutes by going to the Civil Affairs Bureau.
Second, if the two parties fail to negotiate a quick disagreement, the person who wants to divorce can file a lawsuit for divorce with the court, and the general court will have a judgment within 3 to 5 months according to the trial of the matter.
Article 1077 of the Civil Code of the People's Republic of China provides that within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed to have withdrawn the application for divorce registration.
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1. According to Article 149 of the Civil Procedure Law, Article 149 A case tried by a people's court using ordinary procedures shall be tried within six months from the date on which the case is filed. If there are special circumstances that require an extension, it can be extended for 6 months with the approval of the president of the hospital. If an extension is required, the higher people's court shall approve it.
According to article 170 of the Supreme People's Court's "Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China", the time limit for trial in cases tried using the simplified procedures must not be extended. In the course of trial, if it is discovered that the case is complicated and needs to be transferred to ordinary procedures, it may be changed to ordinary procedures, and the collegial panel will conduct the trial, and both parties are to be promptly notified. The time limit for trial is calculated from the day after the case is filed.
2. The trial time of divorce cases is as follows: (1) First instance: For those who apply the summary procedures, the time limit is 3 months.
In first-instance civil cases tried through ordinary formalities, where the time limit of 6 months needs to be extended under special circumstances, an extension of 6 months may be granted upon approval by the president of that court, and where an extension is necessary, an application may be made to the people's court at the level above for approval for an extension of another 3 months. (2) Second instance: In the trial of civil judgment appeal cases, where the trial period is 3 months under special circumstances that require an extension, it may be extended by 3 months with the approval of the president of that court.
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According to the Civil Code, the divorce of both parties has a one-month cooling-off period, and those who still want to divorce after the cooling-off period can leave directly.
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Legal analysis of the sedan liquid: it takes 30 days. Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce or marry, he or she may withdraw the application for divorce registration from the marriage registration authority.
After 30 days, both parties shall apply for a divorce certificate in person at the marriage closure registration authority; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn. Legal basis: Article 1077 of the Civil Code of the People's Republic of China stipulates:
since the marriage registration authority receives an application for divorce registration".
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There are only two ways to divorce: one is divorce by agreement; A cooling-off period of one month is required. The second is litigation divorce. It takes three months to a year.
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Divorce is generally negotiated by lead oak to the Civil Affairs Bureau, two people go to the Civil Affairs Bureau to go through the divorce procedures, there is a three-month cooling-off period, after three months, the two people are still the same as the radical draft insists on divorce, you can go through the divorce procedures and get filial piety.
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30 days, 3 months or 6 months, if it is necessary to extend, it may be extended by the court in the same way as the court may apply for an extension of six months.
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Divorce generally takes about a month or two.
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If two people agree to go to the civil affairs department to agree on a divorce, it can be completed quickly. If there is no objection, it can be done on the same day.
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Divorce can be long or short, depending on your strength, and then you can sue for divorce.
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Generally, a default judgment will not be made in divorce cases, but if there are the following three special circumstances, a default judgment may be made: 1. The parties are indeed unable to appear in court due to special circumstances. In this case, a written opinion must be submitted to the people's court.
2. The whereabouts of one of the defendants are unknown. 3. The plaintiff is summoned by summons, but refuses to appear in court for the legitimate reason of the dust and cherry blossoms, or leaves the court without the permission of the court, and the defendant files a counterclaim.
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How to go through the procedure of unilateral divorce by the court, and how long does it take to get a divorce at the earliest? According to the law, the procedure of suing for divorce includes several types of disturbance steps: going to the court to file a case, pre-litigation mediation, ** trial, judgment, and appeal of the second instance.
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Legal analysis: 30 days. Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
After 30 days, both parties shall apply for a divorce certificate in person at the marriage registration authority; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
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Thirty days. Within 30 days from the date on which the marriage registration authority receives the divorce registration application, if either party is unwilling to divorce, he or she may withdraw the divorce registration application to the marriage registration authority. After 30 days, both parties shall apply for a divorce certificate in person at the marriage registration authority; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
Legal basis: Article 1077 of the Civil Code of the People's Republic of China stipulates that "since the marriage registration authority receives the application for divorce registration of Haohu".
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7 days - about 30 days.
Divorce by agreement is the fastest way to divorce, if the two parties have completed the negotiation, both parties bring the marriage certificate, ID card, and household registration book to the marriage registration office to handle the divorce registration, which is often completed within half an hour.
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